−CITE− 49 USC CHAPTER 261 − HIGH−SPEED RAIL ASSISTANCE 01/06/03 −EXPCITE− TITLE 49 − TRANSPORTATION SUBTITLE V − RAIL PROGRAMS PART D − HIGH−SPEED RAIL CHAPTER 261 − HIGH−SPEED RAIL ASSISTANCE −HEAD− CHAPTER 261 − HIGH−SPEED RAIL ASSISTANCE −MISC1− Sec. 26101. Corridor planning. 26102. High−speed rail technology improvements. 26103. Safety regulations. 26104. Authorization of appropriations. 26105. Definitions. PRIOR PROVISIONS A prior chapter 261, consisting of sections 26101 and 26102, was renumbered chapter 281 of this title by Pub. L. 103−440, title I, Sec. 103(a)(1), Nov. 2, 1994, 108 Stat. 4616. −SECREF− CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 24301 of this title. −End− −CITE−

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49 USC Sec. 26101 01/06/03 −EXPCITE− TITLE 49 − TRANSPORTATION SUBTITLE V − RAIL PROGRAMS PART D − HIGH−SPEED RAIL CHAPTER 261 − HIGH−SPEED RAIL ASSISTANCE −HEAD− Sec. 26101. Corridor planning −STATUTE− (a) Corridor Planning Assistance. − (1) The Secretary may provide under this section financial assistance to a public agency or group of public agencies for corridor planning for up to 50 percent of the publicly financed costs associated with eligible activities. (2) No less than 20 percent of the publicly financed costs associated with eligible activities shall come from State and local sources, which State and local sources may not include funds from any Federal program. (b) Eligible Activities. − (1) A corridor planning activity is eligible for financial assistance under subsection (a) if the Secretary determines that it is necessary to establish appropriate engineering, operational, financial, environmental, or socioeconomic projections for the establishment of high−speed rail service in the corridor and that it leads toward development of a prudent financial and institutional plan for implementation of specific high−speed rail improvements. Eligible corridor planning activities include −

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(A) environmental assessments; (B) feasibility studies emphasizing commercial technology improvements or applications; (C) economic analyses, including ridership, revenue, and operating expense forecasting; (D) assessing the impact on rail employment of developing high−speed rail corridors; (E) assessing community economic impacts; (F) coordination with State and metropolitan area transportation planning and corridor planning with other States; (G) operational planning; (H) route selection analyses and purchase of rights−of−way for proposed high−speed rail service; (I) preliminary engineering and design; (J) identification of specific improvements to a corridor, including electrification, line straightening and other right−of−way improvements, bridge rehabilitation and replacement, use of advanced locomotives and rolling stock, ticketing, coordination with other modes of transportation, parking and other means of passenger access, track, signal, station, and other capital work, and use of intermodal terminals; (K) preparation of financing plans and prospectuses; and (L) creation of public/private partnerships. (2) No financial assistance shall be provided under this section for corridor planning with respect to the main line of the Northeast Corridor, between Washington, District of Columbia, and

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Boston, Massachusetts. (c) Criteria for Determining Financial Assistance. − Selection by the Secretary of recipients of financial assistance under this section shall be based on such criteria as the Secretary considers appropriate, including − (1) the relationship of the corridor to the Secretary's national high−speed ground transportation policy; (2) the extent to which the proposed planning focuses on systems which will achieve sustained speeds of 125 mph or greater; (3) the integration of the corridor into metropolitan area and statewide transportation planning; (4) the potential interconnection of the corridor with other parts of the Nation's transportation system, including the interconnection with other countries; (5) the anticipated effect of the corridor on the congestion of other modes of transportation; (6) whether the work to be funded will aid the efforts of State and local governments to comply with the Clean Air Act (42 U.S.C. 7401 et seq.); (7) the past and proposed financial commitments and other support of State and local governments and the private sector to the proposed high−speed rail program, including the acquisition of rolling stock; (8) the estimated level of ridership; (9) the estimated capital cost of corridor improvements,

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including the cost of closing, improving, or separating highway−rail grade crossings; (10) rail transportation employment impacts; (11) community economic impacts; (12) the extent to which the projected revenues of the proposed high−speed rail service, along with any financial commitments of State or local governments and the private sector, are expected to cover capital costs and operating and maintenance expenses; (13) whether a specific route has been selected, specific improvements identified, and capacity studies completed; and (14) whether the corridor has been designated as a high−speed rail corridor by the Secretary. −SOURCE− (Added Pub. L. 103−440, title I, Sec. 103(a)(2), Nov. 2, 1994, 108 Stat. 4616.) −REFTEXT− REFERENCES IN TEXT The Clean Air Act, referred to in subsec. (c)(6), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. −MISC1− PRIOR PROVISIONS A prior section 26101 was renumbered section 28101 of this title.

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CONGRESSIONAL FINDINGS; PURPOSE Section 102 of title I of Pub. L. 103−440 provided that: "(a) Findings. − The Congress finds that − "(1) high−speed rail offers safe and efficient transportation in certain densely traveled corridors linking major metropolitan areas in the United States; "(2) high−speed rail may have environmental advantages over certain other forms of intercity transportation; "(3) Amtrak's Metroliner service between Washington, District of Columbia, and New York, New York, the United States premier high−speed rail service, has shown that Americans will use high−speed rail when that transportation option is available; "(4) new high−speed rail service should not receive Federal subsidies for operating and maintenance expenses; "(5) State and local governments should take the prime responsibility for the development and implementation of high−speed rail service; "(6) the private sector should participate in funding the development of high−speed rail systems; "(7) in some intercity corridors, Federal planning assistance may be required to supplement the funding commitments of State and local governments and the private sector to ensure the adequate planning, including reasonable estimates of the costs and benefits, of high−speed rail systems; "(8) improvement of existing technologies can facilitate the development of high−speed rail systems in the United States; and

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"(9) Federal assistance is required for the improvement, adaptation, and integration of proven technologies for commercial application in high−speed rail service in the United States. "(b) Purpose. − The purpose of this title [see Short Title of 1994 Amendment note set out under section 20101 of this title] is to encourage farsighted State, local, and private efforts in the analysis and planning for high−speed rail systems in appropriate intercity corridors." −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 26104 of this title. −End− −CITE− 49 USC Sec. 26102 01/06/03 −EXPCITE− TITLE 49 − TRANSPORTATION SUBTITLE V − RAIL PROGRAMS PART D − HIGH−SPEED RAIL CHAPTER 261 − HIGH−SPEED RAIL ASSISTANCE −HEAD− Sec. 26102. High−speed rail technology improvements −STATUTE− (a) Authority. − The Secretary may undertake activities for the improvement, adaptation, and integration of proven technologies for commercial application in high−speed rail service in the United States.

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(b) Eligible Recipients. − In carrying out activities authorized by subsection (a), the Secretary may provide financial assistance to any United States private business, educational institution located in the United States, State or local government or public authority, or agency of the Federal Government. (c) Consultation With Other Agencies. − In carrying out activities authorized by subsection (a), the Secretary shall consult with such other governmental agencies as may be necessary concerning the availability of appropriate technologies for commercial application in high−speed rail service in the United States. −SOURCE− (Added Pub. L. 103−440, title I, Sec. 103(a)(2), Nov. 2, 1994, 108 Stat. 4617.) −MISC1− PRIOR PROVISIONS A prior section 26102 was renumbered section 28102 of this title. −SECREF− SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 26104 of this title. −End− −CITE− 49 USC Sec. 26103 01/06/03 −EXPCITE− TITLE 49 − TRANSPORTATION SUBTITLE V − RAIL PROGRAMS

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PART D − HIGH−SPEED RAIL CHAPTER 261 − HIGH−SPEED RAIL ASSISTANCE −HEAD− Sec. 26103. Safety regulations −STATUTE− The Secretary shall promulgate such safety regulations as may be necessary for high−speed rail services. −SOURCE− (Added Pub. L. 103−440, title I, Sec. 103(a)(2), Nov. 2, 1994, 108 Stat. 4618.) −End− −CITE− 49 USC Sec. 26104 01/06/03 −EXPCITE− TITLE 49 − TRANSPORTATION SUBTITLE V − RAIL PROGRAMS PART D − HIGH−SPEED RAIL CHAPTER 261 − HIGH−SPEED RAIL ASSISTANCE −HEAD− Sec. 26104. Authorization of appropriations −STATUTE− (a) Fiscal Year 1995. − There are authorized to be appropriated to the Secretary $29,000,000 for fiscal year 1995, for carrying out sections 26101 and 26102 (including payment of administrative expenses related thereto). (b) Fiscal Year 1996. − (1) There are authorized to be

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appropriated to the Secretary $40,000,000 for fiscal year 1996, for carrying out section 26101 (including payment of administrative expenses related thereto). (2) There are authorized to be appropriated to the Secretary $30,000,000 for fiscal year 1996, for carrying out section 26102 (including payment of administrative expenses related thereto). (c) Fiscal Year 1997. − (1) There are authorized to be appropriated to the Secretary $45,000,000 for fiscal year 1997, for carrying out section 26101 (including payment of administrative expenses related thereto). (2) There are authorized to be appropriated to the Secretary $40,000,000 for fiscal year 1997, for carrying out section 26102 (including payment of administrative expenses related thereto). (d) Fiscal Year 1998. − (1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 1998, for carrying out section 26101 (including payment of administrative expenses related thereto). (2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 1998, for carrying out section 26102 (including payment of administrative expenses related thereto). (e) Fiscal Year 1999. − (1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 1999, for carrying out section 26101 (including payment of administrative expenses related thereto). (2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 1999, for carrying out section 26102

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(including payment of administrative expenses related thereto). (f) Fiscal Year 2000. − (1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2000, for carrying out section 26101 (including payment of administrative expenses related thereto). (2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 2000, for carrying out section 26102 (including payment of administrative expenses related thereto). (g) Fiscal Year 2001. − (1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2001, for carrying out section 26101 (including payment of administrative expenses related thereto). (2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 2001, for carrying out section 26102 (including payment of administrative expenses related thereto). (h) Funds to Remain Available. − Funds made available under this section shall remain available until expended. −SOURCE− (Added Pub. L. 103−440, title I, Sec. 103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 105−178, title VII, Sec. 7201(a), June 9, 1998, 112 Stat. 469.) −MISC1− AMENDMENTS 1998 − Subsecs. (d) to (h). Pub. L. 105−178 added subsecs. (d) to (g) and redesignated former subsec. (d) as (h). −End−

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−CITE− 49 USC Sec. 26105 01/06/03 −EXPCITE− TITLE 49 − TRANSPORTATION SUBTITLE V − RAIL PROGRAMS PART D − HIGH−SPEED RAIL CHAPTER 261 − HIGH−SPEED RAIL ASSISTANCE −HEAD− Sec. 26105. Definitions −STATUTE− For purposes of this chapter − (1) the term "financial assistance" includes grants, contracts, and cooperative agreements; (2) the term "high−speed rail" means all forms of nonhighway ground transportation that run on rails or electromagnetic guideways providing transportation service which is − (A) reasonably expected to reach sustained speeds of more than 125 miles per hour; and (B) made available to members of the general public as passengers, but does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation; (3) the term "publicly financed costs" means the costs funded after April 29, 1993, by Federal, State, and local governments; (4) the term "Secretary" means the Secretary of Transportation;

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(5) the term "State" means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States; and (6) the term "United States private business" means a business entity organized under the laws of the United States, or of a State, and conducting substantial business operations in the United States. −SOURCE− (Added Pub. L. 103−440, title I, Sec. 103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 105−178, title VII, Sec. 7201(b), June 9, 1998, 112 Stat. 470.) −MISC1− AMENDMENTS 1998 − Par. (2). Pub. L. 105−178 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "the term 'high−speed rail' has the meaning given such term under section 511(n) of the Railroad Revitalization and Regulatory Reform Act of 1976;". −End− −CITE− 49 USC PART E − MISCELLANEOUS 01/06/03 −EXPCITE− TITLE 49 − TRANSPORTATION SUBTITLE V − RAIL PROGRAMS PART E − MISCELLANEOUS −HEAD−

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PART E − MISCELLANEOUS −MISC1− AMENDMENTS 1994 − Pub. L. 103−440, title I, Sec. 103(a)(1), Nov. 2, 1994, 108 Stat. 4616, redesignated part D of this subtitle as part E. −End−

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